Lie about coronavirus to cops or 911? You could get arrested, York County sheriff says
Police have sent out a caution that anyone who lies about potential coronavirus exposure in a 911 call could face federal or state criminal charges.
York County Sheriff Kevin Tolson said a new South Carolina executive order requires 911 dispatchers to ask callers if anyone in the location of the call has had COVID-19 contact. Dispatchers will ask callers if they or anyone involved had a fever, a cough or trouble breathing within the last 14 days; if anyone involved had contact with a patient diagnosed with, or is under evaluation for COVID-19 or coronavirus in the past 14 days; or if anyone involved traveled outside of the country in the last 14 days.
It’s vital for people who call 911 to be truthful to ensure safe action by all types of first responders, Tolson said. It is illegal under state and federal law to lie about coronavirus status and could lead to criminal charges, Tolson said.
“Everyone needs to know that if 911 is called and law enforcement is needed, we are coming — period,” Tolson said. “All we ask is for you to tell us how you’re feeling, good or bad, so we can prepare our deputies properly before they get to you.”
Tolson and other first responders and political leaders continue to express frustration with the lack of detailed information the S.C. Department of Health and Environmental Control has released for positive cases.
Tolson said he is past the point of being upset. He said he is irate that police, fire, and EMS personnel have not been provided details — other than ZIP codes — about the 43 positive cases reported so far in York County.
The impasse has reached the point that Tolson has posted his frustration on the sheriff’s office Facebook and Twitter social media pages, so the public knows his deputies know no more about positive cases than anyone else.
DHEC has the information but refuses to give it out, Tolson said.
“We are talking about the safety of the first responders who are going to every call literally with their lives on the line for possible exposure,” Tolson said. “Information is a tool we need to do our jobs to protect the public. It’s that simple: We need better information to help people stay safe.”
Should DHEC provide more information to first responders?
Last week, the Office for Civil Rights at the U.S Department of Health and Human Services issued a release that provides guidance to help ensure first responders “receive protected health information about individuals exposed to COVID-19.”
The release confirms a few things. Most significantly, OCR’s guidance states that disclosures of protected health information are permitted in certain circumstances — including when first responders are at risk of contracting COVID-19 and need information to prevent infection.
“For example,” the document reads, “HIPAA permits a covered county health department, in accordance with a state law, to disclose PHI to a police officer or other person who may come into contact with a person who tested positive for COVID-19, for purposes of preventing or controlling the spread of COVID-19.”
On Friday, DHEC publicly released information on the county ZIP codes that have positive cases of the virus. As of Tuesday afternoon, the ZIP codes have not been updated.
During a press conference last week, State Epidemiologist Dr. Linda Bell said even as DHEC releases information on new cases and corresponding ZIP codes, the department does not track the status of previous positive cases. So, it is important that first responders screen callers before responding to residences, she said.
In other words, even if DHEC released all the information it has, it won’t be enough to fully protect first responders — so first responders should screen callers on their own.
“What is needed to make those decisions about protection is who is actually infectious,” she said. “Our database doesn’t tell us who continues to be infectious, and we want first responders to practice universal standards because there are other people in the community who have not yet been diagnosed.”
On Tuesday, DHEC responded to The Herald in a written statement, saying that it will continue to provide ZIP codes with positive cases to county officials.
“DHEC initially also provided this information on its website,” the statement said, “however, the amount of information DHEC provides publicly is limited, particularly in cases that occur in small or other close-knit communities where even basic pieces of information could identify an individual.”
Chester, Lancaster County top officials speak out
Other top leaders have expressed similar concerns. Chester County Sheriff Max Dorsey and Lancaster County Sheriff Barry Faile both have said information is critical for safety of emergency workers.
The safety of first responders is a short-term and long-term safety concern that state officials and DHEC should consider, Dorsey said. Departments already are stretched, and any loss of a person from duty would affect the ability of police, fire, or any emergency agency to help the public, Dorsey said.
“Obviously, it’s important for agencies to share information with the people who are responding to help people who are in need,” Dorsey said. “First responders must be provided as much information as possible to stay safe themselves, so they may remain at a level to respond in the weeks and months ahead. I am extremely concerned with the health of the deputies in Chester as they respond to calls. Although they are taking the necessary precautions, any information they can have in advance of their arrival to a scene will make them more prepared.”
Spokesman for the Lancaster County Sheriff’s Office, Doug Barfield, told The Herald on Tuesday that the office hasn’t yet handled any case that involves a caller with coronavirus, as far as he knows.
“If addresses somehow get conveyed to those who need to know, that information would be helpful, too,” Barfield said.
Last week, Faile said that the more information that can be given to first responders, the better — for the protection of first responders and everyone needing the first responders’ help.
“We certainly don’t want to invade anyone’s privacy or violate federal or state laws concerning the confidentiality of health information, and we have no intention of disseminating information of that nature,” Faile said. “However, our officers will be taking calls and coming into contact with citizens around the clock through this public health crisis.”
‘If we know the risk, we can prepare’
Chester County Council and Lancaster County Council have been told by their top emergency management officials that the lack of information is dangerous for first responders.
Lancaster County Coroner Karla Knight-Deese called first reponders without good information about positive cases or exposure “sitting ducks” for potential infection.
“In any death investigation, the key to the entire case is the history,” Knight-Deese said. “Without being provided known histories of patients who are COVID-19 positive, exposure, location, all first responders are ‘sitting ducks.’
“As a nation, our state agencies are working hard to protect the public and save lives. The same should be considered for our first responders, in this time of unknown. If we know the risk beforehand, we can prepare.”
This story was originally published March 31, 2020 at 2:17 PM.
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